THE CITY OF SAN DIEGO

MEMORANDUM

DATE: April 4, 2014

TO: Kris Mcfadden, Director, Transportation & Storm Water Department

FROM: Dennis Gakunga, Director, Purchasing & Contracting

SUBJECT: Sole Source Request for Crown Point Drive Storm Drain Replacement, Request for Emergency Contract Procedures

Your Sole Source Request for the above subject with Orion Construction Corporation was

approved. In order for a Purchase Order to be issued, your department has to submit a purchase

requisition. In the internal header notes of the requisition, please reference Sole Source Case

Number 3217. For questions, please contact Stephen Samara at x55298.

DG/ks

cc: Scott Chadwick, Chief Operating Officer Tony Heinrichs, Deputy Chief Operating Officer Greg Bych, Risk Management Dept Director James Nagelvoort, Public Works Dept Director Heather Stroud, Deputy City Attorney, City Attorney's Office Gene Matter, Assistant Deputy Director, TSWD Marnell Gibson, Interim Public Works Dept Assistant Director Jim Shamloufard, Senior Civil Engineer, Public Work Dept Andrea Demich, Senior Civil Engineer, TSWD Frank Romero, Contract Administrator, Public Works Dept

DATE:

TO:

FROM:

SUBJECT:

Negotiated Total:

Dept. Est. Total:

Vendor:

Expiration Date:

Recommendation:

CITY OF SAN DIEGO MEMORANDUM

4/3/2014

Dennis Gakunga/J.

Stephen Samara

Sole Source Request- Orion Construction Corporation for Crown Point Drive Storm Drain Replacement, Request for Emergency Contract Procedures

$500,000.00

Orion Construction Corporation

One-Time Purchase

Approved

In accordance with SDMC §22.3016, this is to certify that a sole source agreement (K-14-6236-EMR-1-C) with Orion Construction Corporation for the Emergency Repair of the Crown Point Drive Storm Drain, is necessary and that a strict compliance with a competitive process would be unavailing or would not produce an advantage, and soliciting bids or proposals would be undesirable, impractical or impossible for the following reasons:

This emergency condition is located on Crown Point Drive between Honeycutt Street and Morrell Street in Pacific Beach.

This emergency response was initiated by a call to the Public Works Dispatch Center (PWDC) regarding a failing sidewalk. The PWDC requested an investigation by the Development Services Department's engineering geologist. Upon arriving at the site, the investigating geologist concluded the sidewalk was failing because of the compromised storm drain. On March 4, 2014, the Storm Water Division was notified of the problem by the engineering geologist.

The existing storm drain pipe is a 30" corrugated metal storm drain that drains the street right-of­way into Mission Bay. Portions of the pipe on the slope have collapsed and others are severely deteriorated. The collapsed pipe has caused severe erosion that has already undermined the structural integrity of the sidewalk and, unless immediately addressed, the erosion will begin to undermine the street. To further compound the complexity and urgency of the site, a low flow diversion structure is within the storm drain. If additional sections of the pipe fail, the diversion and any subsequent wastewater could be exposed. In order to address immediate traffic and pedestrian concerns, temporary measures were installed along the street and sidewalk adjacent

Case Number 3217

CITY OF SAN DIEGO MEMORANDUM

to the failed slope. This condition is a Public Health and Safety issue (see attached pictures). Furthermore, the emergency site is adjacent to the Kendall-Frost Preserve, and any environmental impacts must be avoided. Permanent repair of the storm drain and slope are beyond the capabilities of Storm Water Division's staff, thus this request to hire Orion from the City's pre-approved Emergency On-Call Contractors List.

The total fee for these services shall not exceed $500,000.00 and the term of the agreement (K-14-6236-EMR-1-C) shall not exceed March 31,2015. This associated sole source, will be in effect from date of the agreement execution, until the agreement is completed/closed, but will not exceed March 31, 2015, without issuance of a modification to duration of both the agreement and this sole source.

Refer to Sole Source #3217 for this project.

RECOMMENDED BY:

~ b:r Y/3/J<J AI Rechany, Program Manager, Pu · orks Contracting Group

Case Number 3217

THE CITY OF SAN DIEGO

MEMORANDUM

DATE: March 26,2014

TO: Dennis Gakunga) Purchasing & Contracting Department Director

MAR 2 7 20~~ l'urchusing & Collll'!l()t!ng'Separtment

City of San Diogo -~~-·-----

FROM: Kris McFadden, Transportation & Storm Water Department Director

SUBJECT: Crown Point Dlive Storm Drain Replacement, Request for Emergency Contract Procedures

The purpose of this memo is to alert yol.I to an emergency condition on Crown Point Drive between Honeycutt Street and Mon·e11 Street in Pacific Beach as well as request that you initiate sole source emergency contract actions for the necessary repairs.

This response was initiated by a call to the Public Works Dispatch Center (PWDC) regarding a failing sidewalk. The PWDC requested an investigation by the Development Services Department's engineering geologist. Upon aniving at the site) the investigating geologist concluded the sidewalk was failing because of the compromised storm drain. On March 4, 2014,

- thtrStorrn Watet' Division: was nottfled-<J"fthe problem 'by the engineering geologtst;- · ·· ···· ·· · --- ·· · ·- ··· -- ··

The existing stonn drain pipe is a 30') corrugated metal storm drain that drains the street right-of­way into Mission Bay. Portions of the pipe on the slope have collapsed and others are severely detedorated. The collapsed pipe has caused sevet·e erosion that has already undermined the structural integrity of the sidewalk and, unless immediately addressed, the erosion will begin to undermine the street. To further compound the complexity and urgency of the site, a low flow diversion structure is within the storm dudn, If additional sections of the pipe fail, the diversion and any subsequent wastewater could be exposed. In order to address immediate t.t'affic and pedestrian concei'ns, temporary measures were installed along the stl·eet and sidewalk adjacent to the failed slope, Petmanent repair of the storm dt·ain and slope are beyond the capabilities of Storm Watet· Division's staff.

Pursuant to San Diego Municipal Code Section22.3212, HContracts Not Required To Be Competitively Bid", Section C, it is requested that you formally notify the Council of the existing ernergency and initiate sole source emergency contract actions to make the necessary repairs.

Page2 Dennis Gakunga, Purchasing & Contracting Department Director March 26, 2014

Staffft•om the Transportation & Storm Water and Public Works Departments are ready to assist with the necessary contt·act actions.

~~~ Kds McFadden Director

OM/ad

cc: Scott Chadwick, Chief Operating Officer Tony Heinrichs, Deputy Chief Operating Officer Greg Bych, Risk Management Department Director James Nagelvoort, Public Works Department Director Heather Stroud, ·Deputy City Attorney, City Attorney's Office Gene Matter, Assistant Deputy Director, Transportation & Storm Water Department Marnell Gibson, Interim Public Works Department Assistant Director Jim Shamloufard, Senior Civil Engineer, Public Works Depalttnent Andrea Demich, Senior Civil Engineer, Transportation & Storm Water Department Frank Romero, Contract Administrator, Purchasing & Contracting Department

City of San Diego CONTRACTOR'S NAME: OIUO~ CONSTRQ~TJQ~ .. £.Q1~.P...£IlAld}OJ\ .. CO~[J]1UCJ]ON1 INC. ,[:.Y:_ ADDRESS: 2185 La Mirada Drive Vista CA 92081

TELEPHONE NO.: (760) 497-1023 FAX NO.: _('-'-7=60'-.L-)-"-'59:....c.7-=--9=66'-"-1~-----CITY CONTACT: Eleida Felix Yackel, Contract Specialist, Email: Efelixyackel@sandiego.gov

Phone No. (619) 533-3449- Fax No. (619) 533-3633 M Fakhoury I R Taleghani I lji

RUSII CONTRACT DOCUMENTS

FOR

CROWN POINT DRIVE STORM EMERGENCY REPLACEMENT PROJECT

VOLUME 1 OF 1

DRAIN

BID NO.:~~~~-----------'I=(-=-1'-'-4-"-6=2::::...;36"--=E=M=R"'--~1----"C"--------SAP NO. (WBS/IO/CC): _______ =B--==-1:....!.4=13=0 _________ _

CLIENT DEPARTMENT: ______ -----'2=1=1=6 __________ _

COUNCIL DISTRICT: _______ -----'2=--------------PROJECT TYPE: _____ CA

ENGINEER OF WORK

The engineering Specifications and Special Provisions contained herein have been prepared by or under the direction of the following Registered Engineer:

For City Engineer lflt/-/li ate Seal:

Bid No.: K-14-6236-EJv.lR-1-C 21 Page Crown Point Drive Storm Drain Emergency Replacement Project

TABLE OF CONTENTS

DESCRIPTION PAGE NUMBER

1. NOTICE INVITING BIDS .............................................................................................................. 4

2. AGREEMENT ............................................................................................................................... 12

3. EXHIBITS

• Exhibit A- Drug-Free Workplace Certification ..................................................................... 17

• Exhibit B- ADA Compliance Certification ........... : ............................................................... 19

• Exhibit C - Contractor Standards - Pledge of Compliance ..................................................... 21

• Exhibit D- Affidavit of Disposal .......................................................................................... ' 23

• Exhibit E- Non-Collusion Affidavit ...................................................................................... 25

• Exhibit F- Contractors Certification Of Pending Actions ...................................................... 27

• Exhibit G- Equal Benefits Ordinance Certification of Compliance ...................................... 29

• Exhibit H- Fonns ................................................................................................................... 31

• Exhibit I- Supplementary Special Provisions (SSP) ............................................................. 34

• Exhibit J- Proposal. ............................................................................................................ · .... 43

• Exhibit K- Contractor's Compensation Rate Schedule ......................................................... 47

• Exhibit L- Project Photos, Location Map and As-built Drawing .......................................... 53

... ···---~-- .. -- ................ ·-····· ·-· .. :. ----·-··· -···-······· --·-·-· ""''"'''·-- ----~ ·----··· -' .. ··- ·- .. ··-··· ·- ..... -... ·-. ·-·- .. Table of Contents (Rev. August 2012) 3 I Page Crown Point Drive Storm Drain Emergency Replacement Project

CITY OF SAN DIEGO, CALIFORNIA

1. DESCRIPTION OF WORK:

1.1. The Work involves furnishing all labor, materials, equipment, services, and other incidental works and appurtenances for the purpose of designing and constructing this emergency project at the direction of the City Engineer.

1.2. The Work consists of the replacement of the 30-inch diameter collapsed CMP on Crown Point Drive with 30-inch Reinforced Concrete Pipe. Construction will include but not limited to the installion of a concrete energy dissipater/Rip Rap, replacement of curb and gutter and sidewalk, providing a traffic control plan and WPCP. The contractor shall implement a revegetaion plan provided by the City which includes a four months plant establishment period per Section 700 of the Whitebook. The 25 months Maintenance and Monitoring Period will be done by others.

1.3. This solicitation is for a "Time-and-Materials" contract in accordance with the provisions set forth in 3-2.4, "Agreed Prices" of The GREENBOOK.

1.4. A time-and-materials contract provides for acquiring labor, material, equipment and services that shall be paid for in accordance with 3-3, "EXTRA WORK" of The GREENBOOK and as rnodified by The WHITEBOOK.

2. EQUAL OPPORTUNITY CONTRACTING PROGRAM

1. To The WHITEBOOK, Chapter 10, Sections D and E, DELETE each in its entirety, and SUBSTITUTE with the following:

D. CITY'S EQUAL OPPORTUNITY COMMITMENT.

1. Nondiscrimination in Contracting Ordinance.

1. The Contractor, Subcontractors and Suppliers shall comply with requirements of the City's Nondiscrimination in Contracting Ordinance, San Diego Municipal Code §§22.3501 through 22.3517.

The Contractor shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors, or suppliers. The Contractor shall provide equal opportunity for subcontractors to participate in subcontracting opportunities. The Contractor understands and agrees that violation of this clause shall be considered a material breach of the contract and may result in contract termination, debarment, or other sanctions.

The Contractor shall include the foregoing clause in all contracts between the Contractor and Subcontractors and Suppliers.

···- ·-----····· •• ---" ····-····-·· --·-· ·- ................... ··--·· ----- ............. ,, ______ ,_.,! ---······-·----· •• ·- •••••••

Notice Inviting Bids (Rev. August 2012) 41 Page Crown Point Drive Storm Drain Emergency Replacement Project

2. Disclosure of Discrimination Complaints. As part of its Bid or Proposal, the Bidder shall provide to the City a list of all instances within the past 1 0 years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors, or suppliers, and a description of the status or resolution of that complaint, including any remedial action taken.

3. Upon the City's request, the Contractor agrees to provide to the City, within 60 days, a truthful and complete list of the names of all Subcontractors and Suppliers that the Contractor has used in the past 5 years on any of its contracts that were undertaken within San Diego County, including the total dollar amount paid by the Contractor for each subcontract or supply contract.

4, The Contractor further agrees to fully cooperate in any investigation conducted by the City pursuant to the City's Nondiscrimination in Contracting Ordinance, Municipal Code §§22.3501 through 22.3517. The Contractor understands and agrees that violation of this clause shall be considered a material breach of the Contract and may result in remedies being ordered against the Contractor up to and including contract termination, debarment and other sanctions for violation of the provisions of the Nondiscrimination. in Contracting Ordinance. The Contractor further understands and agrees that the procedures, remedies and sanctions provided for in the Nondiscrimination in Contracting Ordinance apply only to violations of the Ordinance.

E. EQUAL EMPLOYMENT OPPORTUNITY OUTREACH PROGRAM.

1. The Contractor,, Subcontractors and Suppliers shall comply with the City's Equal Employment Opportunity Outreach Program, San Diego Municipal Code §§22.2701 through 22.2707.

The Contractor shall not discriminate against any employee or applrcant for employment on any basis prohibited by law. Contractor shall provide equal opportunity in ail employment practices. Prime Contractor shall ensure their subcontractors comply with this program. Nothing in this section shall be interpreted to hold a prime contractor liable for any discriminatory practice of its subcontractors.

The Contractor shall include the foregoing clause in all contracts between the Contractor and Subcontractors and Suppliers.

2. If the Contract is competitively solicited, the selected Bidder shall submit a Work Force Repoti (Form BB05), within 10 Working Days after receipt by the Bidder of Contract forms to the City for approval as specified in the Notice ofintent to Award letter from the City.

3. If a Work Force Report is submitted, and the City determines there are under-representations when compared to County Labor Force Availability data, the selected Bidder shall submit an Equal Employment Oppmiunity Plan.

·- -- ... ·- .............. ·- ..... -- .................... ·-----~ .......... ,_ ................................ ---.' ---- ······· -- ... ·- ... ........... . ..•.... ---- -····· . Notice Inviting Bids (Rev. August 2012) SJ Page Crown Point Drive Storm Drain Emergency Replacement Project

4. If the selected Bidder submits an Equal Employment Opportunity Plan, it shall include the follo·wing assurances:

1. The Contractor shall maintain a working environment free of discrimination, harassment, intimidation and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work.

2. The Contractor reviews its EEO Policy, at least annually, with all on­site supervisors involved in employment decisions.

3. The Contractor disseminates and reviews its EEO Policy with all employees at least once a year, posts the policy statement and EEO posters on all company bulletin boards and job sites, and documents every dissemination, review and posting with a written record to identify the time, place, employees present, subject matter, and disposition of meetings.

4. The Contractor reviews, at least annually, all supervisors' adherence to and performance under the EEO Policy and maintains written documentation ofthese reviews.

5. The Contractor discusses its EEO Policy Statement with subcontractors with whom it anticipates doing business, includes the EEO Policy Statement in its subcontracts, and provides such documentation to the City upon request.

6. The Contractor documents and maintains a record of all bid solicitations and outreach efforts to and from subcontractors, contractor associations and other business associations.

7. The Contractor disseminates its EEO Policy externally through various media, including the media of people of color and women, in advertisements to recruit, maintains files documenting these efforts, and provides copies of these advertisements to the City upon request.

8. The Contractor disseminates its EEO Policy to union and community organizations.

9. The Contractor provides immediate written notification to the City when any union referral process has impeded the Contractor's effotis to maintain its EEO Policy.

10. The Contractor maintains a current list of recruitment sources, including those outreaching to people of color and women, and provides written notification of employment opportunities to these recruitment sources with a record of the organizations' responses.

11. The Contractor maintains a current file of names, addresses and phone numbers of each walk-in applicant, including people of color and women, and referrals from unions, recruitment sources, or community organizations with a description of the employment action taken.

Notice Inviting Bids (Rev. August 2012) 61 Page Crown Point Drive Storm Drain Emergency Replacement Project

12. The Contractor encourages all present employees, including people of color and women employees, to recruit others.

13. The Contractor maintains all employment selection process information with records of all tests and other selection criteria.

14. The Contractor develops and maintains documentation for on-the-job training opportunities, pmiicipates in training prograt11S, or both for all of its employees, including people of color and women, and establishes apprenticeship, trainee, and upgrade programs relevant to the Contractor's employment needs.

15. The Contractor conducts, at least annually, an inventory and evaluation of all employees for promotional opportunities and encourages all employees to seek and prepare appropriately for such opportunities.

16. The Contractor ensures tqe company's working environment and activities are non-segregated except for providing separate or single­user toilets and necessary changing facilities to assure privacy between the sexes.

3. CONTRACTOR REGISTRATION AND ELECTRONIC REPORTING SYSTEM:

4.

5.

6.

3.1. Prior to the Award of the Contract or each Task Order, you and your Subcontractors and Suppliers must register with Prism®, the City's web-based contract compliance portal at:

https:llpro.prismcompliance.comldefault.aspx.

3.2. The City may not award the contract until registration of all subcontractors and suppliers is complete. In the event this requirement is not met within the time frame specified in the Notice of Intent to Award letter, the City reserves the right to rescind the Notice of Award I Intent to A ward and to make the award to the next responsive and responsible bidder I proposer.

CONTRACT TIME: The Work shall be completed within 160 Working Days from the date of issuance of the NTP unless extended by the Engineer.

CONTRACT PRICE: The Engineer's Estimate of the Contract Price is· $200,000. The Contractor shall not perform Work that exceeds the Engineer's Estimate excluding Allowances without prior written notice from the Engineer that sufficient additional funding has been secured.

CONTRACTOR'S LICENSE CLASSIFICATION: In accordance with the provisions of California Law, the Contractor shall possess valid appropriate license(s) at the time of award. The City has determined the following licensing classification for this contract:

• Class A

·····-······· ...... ,. ··- .

Notice Inviting Bids (Rev. August 2012) 71 Page Crown Point Drive Storm Drain Emergency Replacement Project

7. JOINT VENTURE CONTRACTORS. Provide a copy of the Joint Venture agreement and the Joint Venture license to the City within 10 Working Days after receiving the Contract forms. See 2-1.1 .2, "Joint Venture Contractors" in The WHITEBOOK for details.

8. WAGE RATES: Prevailing wages are applicable to this project.

8.1. STATE REQUIREMENTS FOR CONTRACTS SUBJECT TO STATE PREVAILING WAGE REQUIREMENTS.

8.1.1. In accordance with the provisions of California Labor Code Sections 1770, et seq. as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in such Sections for the locality in which the Work is to be performed. Copies of the prevailing rate of per diem wages may be found at http://www.dir.ca.gov/dlsrlstatistics research.html. The Contractor shall post a copy of the above determination of the prevailing rate of per diem wages at each job site and shall make them available to any interested party on request.

8.1.2. Pursuant to Sections 1720 et seq., and 1770 et seq., of the California Labor Code the Contractor any Subcontractor shall pay not less than said specified rates determined by the Director of the California Department of Industrial Relations to all workmen employed by them in the execution of the Work.

8.1.3. The wage rates determined by the Director of Industrial Relations and published in the Department of Transportation publication entitled, "General Prevailing Wage Rates", refer to expiration dates. If the published wage rate

does not refer to a predetermined wage rate to be paid after the expiration

date, said published rate of wage shall be in effect for the life of this contract.

If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined

wage rate is on file with the Department of Industrial Relations, such

predetermined wage rate shall become effective on the date following the

expiration date and shall apply to this contract in th~ same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetennined wage rates, which expiration dates occur during the life of this contract, each

successive predetermined wage rate shall apply to this contract on the date

following the expiration date of the previous wage rate. If the last of such

predetermined wage rates expires during the life of this contract, such wage rate shall apply to the balance of the contract.

8.1.4. The successful bidder intending to use a craft or classification not shown on the prevailing rate determinations may be required to pay the rate ofthe craft or classification most closely related to it.

9. PRE-BID SITE VISIT: The Contractor is encouraged to visit the Work Site with the Engineer. The purpose of the Site visit is to acquaint Contractors with the Site conditions.

Notice Inviting Bids (Rev. August 2012) 8! Page Crown Point Drive Storm Drain Emergency Replacement Project

10. REFERENCE STANDARDS: Except as otherwise noted or specified, the Work shall be completed ln accordance with the following standards:

Standard Specifications for Public Works Construction ("The GREENBOOK")

City of San Diego Standard Specifications for Public Works Construction ("The WHITEBOOK")*

City of San Diego Standard Drawings*

Caltrans Standard Specifications

Caltrans Standard Plans

California MUTCD

City Standard Drawings- Updates Approved For Use (when specified)*

Standard Federal Equal Employment Opportunity Construction Contract Specifications and the Equal Oppmiunity Clause Dated 09-11-84

2012

2012

2012

2010

2010

. 2012

Varies

1984

PITS070112-01

PITS070112-02

PITS070112-03

PITS070112-04

PITS070112-05

PITS070112-06

Varies

769023

NOTE: *Available online under Engineering Documents and References at: http://www.sandiego.gov/publicworks/edocref/index.shtml

11. PREQUALIFICATION OF CONTRACTORS: The contractor must be pre-qualified for the City estimated Contract Price prior to Award. For additional information or the answer to questions about the prequalification program, please contact David Stucky at 619-533-3474 or dstucky@sandiego.gov.

12. INSURANCE REQUIREMENTS:

12.1. All ce1tificates of insurance and endorsements required by the contract are to be . provided upon issuance of the City's Notice of Intent to Award letter.

12.2. Refer to sections 7-3, "LIABILITY INSURANCE", and 7-4, "WORKERS' COMPENSATION INSURANCE" ofthe Supplementary Special Provisions (SSP) for the insurance requirements which must be met.

13. CITY'S RESPONSES AND ADDENDA: The City at its option, may respond to any or all questions submitted in writing, via letter, or FAX in the form of an addendum. No oral comment shall be of any force or Affect with respect to this solicitation. The changes to the Contract Documents through addendum are made effective as though originally issued with the Bid.

14. CITY'S RIGHTS RESERVED: The City reserves the right to cancel this request for proposal at any time, and fmiher reserves the right to reject submitted Proposals, without giving any reason for such action, at its sole discretion and without liability. Costs incurred by the Contractor as a result of preparing its proposals shall be the sole responsibility of the Cohtt~aCtor. r , -~----r>-~-:

Notice Inviting Bids (Rev. August 2012) 91 Page Crown Point Drive Stonn Drain Emergency Replacement Project

15. SUBMITTAL OF "OR EQUAL" ITEMS: See 4-1 .6, "Trade Names or Equals."

16. AWARD PROCESS: The Award of this contract is contingent upon the Contractor's compliance with all conditions precedent to Award, including the submittal of acceptable insurance and surety bonds pursuant to San Diego Municipal Code §22.3007.

This contract is deemed to be awarded, and effective, only upon the signing of the Contract by the Mayor or designee of the City.

17. SUBCONTRACT LIMITATIONS: The Bidder's attention is directed to Standard Specifications for Public Works Construction, Section 2-3, "SUBCONTRACTS" which requires the Contractor to perform not less than the amount therein stipulated with its own forces. Failure to comply with these requirements shall render the Bid non-responsive and ineligible for award.

18. SUBMISSION OF QUESTIONS: Questions about the meaning or intent of the C~ntract Documents as related to the scope of Work and of technical nature shaii be directed to the City's Project Manager prior to Bid opening (when applicable). Interpretations or clarifications considered necessary by the City in response to such questions will be issued by Addenda (when applicable).

Oral and other interpretations or clarifications will be without legal effect. The Director (or designee), Public Works Department is the officer responsible for opening, examining, and declaring of competitive Bids submitted to the City for the acquisition, construction and completion of any public improvement except when otherwise set fmih in these documents. Questions in these areas of responsibility (e.g., i.e. Pre-qualification, EOCP information, bidding activities, bonds and insurance, etc. as related to this contract shall be addressed to the Contract Speciaiist, Public Works Department, 1010 Second Avenue, Suite 1400, San Diego, California, 92101, Telephone No. (619) 533-3450.

19. SAN DIEGO BUSINESS TAX CERTIFICATE: All Contractors, including Subcontractors, not already having a City of San Diego Business Tax Certificate for the work contemplated shall secure the appropriate certificate from the City Treasurer, Civic Center Plaza, first floor, before the Contract can be executed.

20. PROPOSAL FORMS: The signature of each person signing shall be in longhand.

21. A WARD OF CONTRACT OR REJECTION OF BIDS:

21.1. This contract may be awarded to a contractor selected from the City's as-needed emergency contractors list.

21.2. This contract may be awarded to a contractor without competitive bidding if an emergency exists requiring the immediate mobilization of a contractor to protect people or propetiy.

21.3. The q1y of San Diego reserves the right to reject any or all bids· received when such rejection is in the best interests of the City.

22. THE CONTRACT: The Contractor shall execute a written contract with the City of San Diego and furnish good and approved bonds and insurance documents specified in. 2-4,

-- ....

Notice Inviting Bids (Rev. August 2012) 10 I Page Crown Point Drive Storm Drain Emergency Replacement Project

"CONTRACT BONDS," 7-3, "LIABILITY INSURANCE," and 7-4 WORKERS' COMPENSATION INSURANCE within3 \Vorking Days after receipt by the Contractor of a form of contract for execution unless an extension of time is granted to the Contractor in Yvriting. Bonds shaii be in amount of the Contract Price for the Work included in the Bid.

The Contract shall be made in the form adopted by the City, which includes the provision that no claim or suit \vhatsoever shall be made or brought by Contractor against any officer, agent, or employee of the City for or on account of anything done or omitted to be done in connection with this contract, nor shall any such officer, agent, or employee be liable hereunder. If the Contractor fails to enter into the contract as herein provided, the award may be annulled. An award may be made to the next contractor on the shmilist who shall fulfill every stipulation embraced herein as if it were the pa1iy to whom the first award was made.

The Contractor shall furnish evidence of its corporate existence and evidence that the officer signing the Contract and bond for the corporation is duly authorized to do so.

23. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK: The Contractor shall examine carefully the Project Site, the Plans and Specifications, other materials as described in the Special Provisions, Section 2-7, and the proposal forms. The signing of the Contract shall be conclusive evidence that the Contractor has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of Work, the quantities of materials to be furnished, and as to the requirements of the Contract Documents.

24. CITY STANDARD PROVISIONS. This contract is subject to the following standard provisions. See The WHITEBOOK for details.

• ~ 1 1 r •

24.1. The City of San Diego Resolution No. R-277952 adopted on May 20, 1991 for a Drug-Free Workplace.

24.2. The City of San Diego Resolution No. R-282153 adopted on June 14, 1993 related to the Americans with Disabilities Act.

24.3. The City of San Diego Municipal Code §22.3004 for Pledge of Compliance.

24.4. The City of San Diego's Labor Compliance Program and the State of California Labor Code §§1771.5(b) and 1776.

24.5. Sections 1777.5, 1777.6, ·and 1777.7 of the State of California Labor Code concerning the employment of apprentices by contractors and subcontractors performing public works contracts.

24.6. The City's Equal Benefits Ordinance (EBO), Chapter 2, Article 2, Division 43 of The San Diego Municipal Code (SDMC).

24.7. The City's Information Security Policy (ISP) as defined in the City's Administrative Regulation 90.63.

'·-· , ___ -··---~--- .. -~--· -............... -~ ... ·--- ................................ ,_,_.,. ____ ,_ .. , ·-·-·-· ............. ···•· ...... ···--------- -.- ......... --. -·. - .. ------ ..... --··· .. --- . - --·· ....... -· ......... ···-·-- ... ·- ·---·--· --'"·--· ..... . -· ... -Notice Inviting Bids (Rev. August 20 12) 111 Page Crown Point Drive Stonn Drain Emergency Replacement Project

AGREEMENT FOR

El\1ERGENCY CONSTRUCTION SERVICES BETWEEN

THE CITY OF SAN DIEGO AND

ORION CONSTRUCTION CORP./BALBOA CONSTRUCTION, INC. J.V.

This emergency construction services agreement (Agreement) is made and entered into by and between The City of San Diego (City), California a municipal corporation, and ORION CONSTRUCTION CORP./BALBOA CONSTRUCTION, INC. J.V. (Contractor), for the purpose of designing (when required) and constructing emergency projects at the direction of the City Engineer. The City and the Contractor are refened to herein as the "Pmiies."

RECITALS

A. The City desires to construct the emergency project identified in the Notice Inviting Bids.

B. The City desires to contract with a single entity for Emergency Construction Services, as set forth in this agreement.

C. The City has issued a Request for Qualifications (RFQ) for on-call emergency contractors, List 5- Wet Utilities to perform these services.

D. In accordance with City's RFQ, RFQ number 5753, the Contractor submitted a Statement for Qualifications (SOQ) for the Project pursuant to which the City established a pre-qualified list from the most highly qualified contractors to perform emergency Construction Services as directed by the City in accordance with the methods described in the RFQ.

E. In accordance with the City's RFQ, the Contractor submitted an SOQ and is prepared to enter into this agreement.

F. The City has selected the Contractor from the City's list of on-call contractors to perfonn, either directly or pursuant to Subcontracts, hereinafter defined, the design, engineering, and construction services set forth in this agreement and the Contract Documents.

G. The Contractor is ready, willing, and able to perfonn the emergency construction services required as specified in the Scope of Required Work and Services section of this agreement and in accordance with the terms and conditions of this agreement and under the direction of the Engineer.

In consideration of the above recitals and the mutual covenants and conditions set forth herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby set forth their mutual covenants and understandings as follows:

INTRODUCTORY PROVISIONS

A. The above referenced recitals are true and correct and are incorporated into this agreement by this reference.

B. Exhibits referenced in this agreement are incorporated into the Agreement by this reference.

. . - --· .. Agreement (Rev. August 2012) 121 Page Crown Point Drive Storm Drain Emergency Replacement Project

C. This agreement incorporates the Standard Specifications for Public Wor)cs Construction (The GREENBOOK), including those amendments set forth in the City of San Diego Supplements included in The WHITEBOOK. All changes, additions, or both are stated herein and all other provisions remain unchanged.

D. The Contractor shall comply with City's Equal Opportunity Contracting Program Requirem~nts set fotih in the Contract Documents. See The VlHITEBOOK.

E. The Contractor, incl].lding Subcontractors, not already having a City of San Diego Business Tax Cetiificate for the work contemplated shall secure the appropriate cetiificate from the City Treasurer, Civic Center Plaza, first floor, before the Agreement can be executed.

F. Upon award, amendment, renewal, or extension of such contracts, the Contractors shall complete a Pledge of Compliance attesting under penalty of perjury that they complied with the requirements of City Municipal Code §22.3224.

G. The Contractor shall ensure that the Subcontractors whose subcontracts are greater than $50,000 in value complete a Pledge of Compliance attesting under penalty of petjury that they complied with the requirements of this section. The Contractor shall include in each subcontract agreement, language which requires Subcontractors to abide by the provisions of City Municipal Code §22.3224. A sample provision is as follows: '

"Subcontractor acknowledges that it is familiar with the requirements of San Diego Municipal Code §22.3224 ("Contractor Standards"), and agrees to comply with requirements of that section. The Subcontractor further agrees to complete the Pledge of Compliance, incorporated herein by reference."

H. Pledge of Compliance may be downloaded at:

http://www. sandiego. gov/purchasing/pdf/ contractor _standards_ questionnaire. pdf

I. The City received initial approval as a Labor Compliance Program on August 11, 2003. The limited exemption from prevailing wages pursuant to Labor Code § 1771.5(a) does not apply to contracts under jurisdiction of the Labor Compliance Program. Inquiries, questions, or assistance about the Labor Compliance Program should be directed to: Equal Opportunity Contracting Program, 1200 Third Ave., Suite 200 MS56P, San Diego, CA 92101, Tel. 619-236-6000.

J. The Contractor's attention is directed to the provisions of the State of California Labor Code §1776 (Stats. 1978, Ch. 1249). The Contractor shall be responsible for the compliance with these provisions by Subcontractors.

K. The Contractor shall complete the work to be performed under this agreement and shall achieve Acceptance within the specified Working Days in the Notice Inviting Bids from the NTP unless authorized otherwise by the Engineer. Time is of essence for the completion of the Work and the Project has critical milestones to be met as listed in the Notice Inviting Bids.

L. The City shall pay the Contractor for performance of the Work on a time and materials basis not to exceed TWO HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($200,000.00) without a written amendment to this Agreement.

. " .... Agreement (Rev. August 20 12) 131 Page Crown Point Drive Storm Drain Emergency Replacement Project

M. During the fmal design process (if any), if the Contractor modifies the Project such that a revision of the environmental document is required, the Contractor shall be responsible for all work required for implementing a revision, including preparation of revised documentation and coordination with City staff. Work shall not proceed on the project until the environmental requirements are met to the satisfaction of the City. There shall be no additional time allowed in the contract for processing and approval of revised pennit documents.

N. Prior to NTP or as required by the City, the Contractor shall:

a) file surety bonds with the City to be approved by the City in the amounts and for the purposes noted in the Notice Inviting Bids and

b) obtain the required insurance in accordance with 7-3, "LIABILITY INSURANCE" and any additional insurance as may be specified in the Supplemental Special Provisions.

IN WITNESS WHEREOF, this Agreement is executed by the City of San Diego, acting by and through its Mayor or designee, pursuant to the emergency contract provisions of City Chmier §94 authorizing such execution, and by the Contractor.

THE CITY OF SAN DIEGO APPROVED AS TO FORM AND LEGALITY

Jan I. Goldsmith, City Attorney

By ~U(h/£) By~tb-tephen Samara

Senior Contract Specialist Public Works Contracting Group

Print Name: f=Jea.:fl;\Q. i f-.. ~ 1"Jf7)1A.J Deputy City Attorney

Date: __ [';_/ __ 1_7_..,..._.~1_,-/-$/ ____ _ A I I :7. ? A'\ Date:_,_/vo....._tl_.e~~c-f __ 7-.~l'--tA..I__,_[_L_._{ ____ _

CONTRACTOR trl

By ~~=-:__7-,.,.---~-'~----

PrintName: /<.. Dor--V.S,-;;:x r..z:>o...,.;.r'J

Title: ?Fe5t~~,..,_-f- CJR.,o!V ~s~~~/ &/boq_ --~~~~~~--~-=~~------

Date: Lrhjt'f

City of San Diego License No.: B!qq:;.oo;).q/0, BJqqeooe f,:l~

State Contractor's License No.: 788 I 34._

. -~- . ···-··· .. . ... . .... -· ~- -·-··--····-·- ·--·-·-· .....

Agreement (Rev. August 20 12) 14 I Page Crown Point Drive Storm Drain Emergency Replacement Project

Executed in Triplicate

AGREElVIENT (continued) PERFORMANCE BOND AND LABOR AND MATERIALl\1EN'S BOND

FAITHFUL PERFORMANCE BOND AND LABOR AND MATERIALl\1EN1S BOND:

ORION CONSTRUCTION CORP./BALBOA CONSTRUCTION, INC. J.V., a corporation, as principal, and Western Surety Company , a corporation authorized to do business in the State of California, as Surety, hereby obligate themselves, their successors and assigns, jointly and severally, to The City of San Diego a municipal corporation in the sum of TWO I:IUNDRED THOUSAND DOLLARS AND ZERO CENTS 00/100 ($200,00.00) for the faithful performance of the annexed contract, and in the sum of TWO HONDRED THOUSAND DOLLARS AND ZERO CENTS 00/100 ($200,00.00)*for the benefit of laborers and materialmen designated below. *$20o,ooo.oo

Conditions:

If the Principal shall faithfully perform the annexed contract Crown Point Drive Storm Drain Emergencv Replacement Project, Bid Number K-14-6236-EMR.-1-C San Diego, California then the obligation herein with respect to a faithful performance shall be void; otherwise it shall remain in full force.

If the Principal shall promptly pay all persons, finns and corporations furnishing materials for or perfonning labor in the execution of this contract, and shall pay all amounts due under the California Unemployment Insurance Act then the obligation herein with respect to laborers and materialmen shall be void; otherwise it shall remain in full force.

The obligation herein with respect to laborers and materialmen shall inure to the benefit of all persons, firms and corporations entitled to file claims under the provisions of Chapter 3 of Division 5 of Title I of the Government Code oftl1e State of California or under the provisions of Section 3 082 et seq. ofthe Civil Code ofthe State of California.

Changes in tl1e terms of the annexed contract or specifications accompanying same or referred to therein shall not affect the Surety's obligation on this bond, and the Surety hereby waives notice of same.

Agreement (Rev. August 2012) Crown Point Drive Storm Drain Emergency Replacement Project

151 Page

AGREEMENT (continued) PERFORMANCE BOND AND LABOR AND l\1ATERIALl\1EN'S BOND

The Surety shall pay reasonable attorneis fees should suit be brought to enforce the provisions of this bond. ·

Dated April16, 2014

Approved as to Form and Legality

Jan I. Goldsmith, City Attorney

By(/~ Deputy City Attorney

:~pro~-senlor Contract Specialist

Public Works Contracting Group

Agreement (Rev. August 2012)

ORION CONSTRUCTION CORP./ BALBOA CONSTRUCTION, INC. J.V.

Western Surety Company

1455 Frazee Road, Suite 801 Local Address of Surety

San Diego, CA 92108 Local Address (City, State) of Surety

(619) 682-3510 Local Telephone No. of Surety

Premium$ 2 400.00 Premium is for Contract Term and Subject to Adjustment Based on Final Contract Price.

Bond No. 58714671

161 Page Crown Point Drive Storm Drain Emergency Replacement Project

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

} County of San Diego ------------------

On ApR 1 6 2014 before me, Jose Lemus , Notary Public, ---------::D:-at,-e____ Insert Name of Notary exactly as it appears on the official seal

personally appeared Janice Martin ~~~~~-----------MN~am~e~(s~)o~fS~Ig=n=e~Gs)~---------------

Place Notary Seal Above

who proved to me on the basis of satisfactory evidence to be the person(IJ,b whose name(IJ,b is/#(# subscribed to the within instrument and acknowledged to me that Vifllshelff/flfj executed the same in iMkJ!heriWI#I/rl authorized capacity(YI/i¢1), and that by 'fltt/herlfitlfiV¢ signatureqt/) on the instrument the person(#,b, or the entity upon behalf of which the person(#,b acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph'is true and correct.

Though the information below is not required by /a~1 it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment of the form to another document.

Description of Attached Document

Title or Type of Document:-------------------------------

Document Date: Number of Pages: __________ _

Signer(s) Other Than Named Above: ________________ _

Capacity(ies) Claimed by Signer(s)

Signer's Name: ____________ _

0 Individual D Corporate Officer -Title(s): _________ _

D Partner 0 Limited 0 General ~ Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ______ _

Signer is Representing:

RIGHT THUMBPRINT OF SIGNER

Top of thumb here

Signer's Name: ------------------0 Individual 0 Corporate Officer -Title(s): _______ _

0 Partner 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator

0 Other: ______ _

Signer is Representing:

RIGHT THUMBPRINT OF SIGNER

Top of thumb here

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation

having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby

make, constitute and appoint

Lawrence F Me Mahon, James Baldassare Jr, Sarah Myers, Maria Guise, Lilia Robinson, Charlotte Aquino, Jennifer L Clampert, Janice Martin, Individually

of San Diego, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf

bonds, undertakings and other obligatory instruments of similar nature

-In Unlimited Amounts-

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said

Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.

This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by

the shareholders of the corporation.

In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 30th day of January, 2013.

State of South Dakota

County of Minnehaha

WESTERN SURETY COMPANY

On this 30th day of January, 2013, before me personally came Paul T. Bruflat, to me known, who, being by me duly.sworn, did depose and say: that

he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which

executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so

affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and

acknowledges same to be the act and deed of said corporation.

My commission expires

June 23,2015

+"!t..,~~"~"'"'"'~"~~"'~""+ J J, MOHR f t~NOTARY PUB~tC~f §~SOUTH DAKOTA~f

t~~~~~.._~..,.,~ ... ~'+!i .... ~ CERTIFICATE

(),.7Y'J ~ J. Mohr, Notary Public

I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in

force, and further certify that the By-Law of the corporation plinted on the reverse here'fif ~ jl{illin tc1d, ~stimony whereof I have hereunto subscribed

my name and affixed the seal of the said corporation this day of 1-\ I"' K .. .

WESTERN SURETY COMPANY

Form F4280-7-2012

EXHIBIT A

DRUG-FREE WORKPLACE CERTIFICATION

Exhibit A- Drug Free Workplace Certification 171 Page Crown Point Drive Storm Drain Emergency Replacement Project

EXHIBIT A

DRUG-FREE WORKPLACE

PROJECT TITLE: Crown Point Drive Storm Drain Emergency Replacement Project

I hereby certify that I am familiar with the requirements of San Diego City Council Policy No. 100-17 regarding Drug-Free Workplace as outlined in the WHITEBOOK, Section 7-13.3, "Drug-Free Workplace", of the project specifications, and that;

(Name under which business is conducted)

has in place a drug-free workplace program that complies with said policy. I further certify that each subcontract agreement for this project contains language which indicates the subcontractor's agreement to abide by the provisions of subdivisions a) through c) oft~policy as outlined.

~·~ ~~ Signed ____ ~~~~~~=-~---~------~--------~~~------

Title

Exhibit A- Drug Free Workplace Certification 181 Page Crown Point Drive Stonn Drain Emergency Replacement Project

EXHIBIT B

AMERICAN WITH DISABILITIES ACT (ADA) COMPLIANCE CERTIFICATION

.- -- ...... - ......... ······. Exhibit B - ADA Compliance Certification 19 I Page Crown Point Drive Storm Drain Emergency Replacement Project

EXHIBIT B

AMERICAN WITH DISABILITIES ACT (ADA) COMPLIANCE CERTIFICATION

PROJECT TITLE: Crown Point Drive Storm Drain Emergency Replacement Project

I hereby cetiify that I am familiar with the requirements of San Diego City Council Policy No. 100-4 regarding the American With Disabilities Act (ADA) outlined in the WHITEBOOK, Section 7-13.2, "American With Disabilities Act", of the project specifications, and that;

OP-..,cr-.J Co..--.s--iY"'I..Ac.-+•o.--. Cec:p. / f?;o)boa 0Jn&1ntel-wn inC. J, V. (Name under which business is conducted)

has in place workplace program that complies with said policy. I further certifY that each subcontract agreement for this project contains language which indicates the subcontractor's agreement to abide by the provisions of the policy as outlined. \ ~

Signed __ -..c=~===--.::...=....SJ_::;..--~--'--~----.:=---...:._-'-~~-

Printed Name ~.cho-n:{ ·no~.3 -:fir1 Dow.JiA

Title. ___ A_r._;e-5_· _id_l.ln_f_O_n_0_11 __ fr_:t_~ _· 8_alb __ oa_

Exhibit B -ADA Compliance Certification 20 I Page Crown Point Drive Storm Drain Emergency Replacement Project

EXHIBIT C

CONTRACTOR STANDARDS- PLEDGE OF COMPLIANCE

.... -~ .... "''• .,, ............................................ ------·----~- .. ----- -- .............. --· --- --- ... . .. ---- .. - .. . Exhibit C- Contractor Standards- Pledge of Compliance 211 Page Crown Point Drive Storm Drain Emergency Replacement Project

EXHIBIT C

CONTRACTOR STANDARDS- PLEDGE OF COMPLIANCE

PROJECT TITLE: Crown Point Drive Storm Drain Emergency Replacement Project

I declare under P.enalty of perjury that I am authorized to make this certification on behalf of OC'IOv--. Co..-..s~I.A.c .. +lo.,.-..,. Cor oJb.,e:\.. c~~ r.-.(. ~ as Contractor, that I am familiar with the requirements of City f San Diego Municipal Code § 22.3224 regarding Contractor Standards as outlined in the WIDTEBOOK, Section 7-13.4, "Contractor Standards", of the project specifications, and that Contractor has complied with those requirements.·

I further certify that each of the Contractor's subcontractors whose subcontracts are greater than $50,000 in value has completed a Pledge of Compliance attesting under penalty of perjury of having complied with City of San Diego Municipal Code § 22.3224.

Dated this f J ~ Day of ~P[2.1 ~".. fJ I '-t

~~ PrintedName q<_J)o~..sJ 'F bow.JJ nq

Title __ ~_r5~·,fiN_nt_O_r>_·o_n_/_P_r._:tr._ic:Un __ +-_lj_ev_l_b!ltJI

............ _..... . ..... _.

Exhibit C- Contractor Standards- Pledge of Compliance 221 Page Crown Point Drive Stonn Drain Emergency Replacement Project

EXHIBIT D

AFFIDAVIT OF DISPOSAL

•••••• ·············-···-··· ,h••• ............... .

Exhibit D -Affidavit of Disposal 231 Page Crown Point Drive Storm Drain Emergency Replacement Project

EXHIBIT D

AFFIDAVIT OF DISPOSAL

WHEREAS, on the DAY OF , . , the undersigned entered into and executed a contract with the City of San Diego, a municipal corporation, for:

Crown Point Drive Storm Drain Emergency Replacement Project (Name of Project)

as particularly described in said contract and identified as Bid No. K-14-6236-EMR-1-C; SAP No. (WBS/10/CC) B-14130 and WHEREAS, the specification of said contract requires the Contractor to affirm that "all brush, trash, debris, and surplus materials resulting from this project have been disposed of in a legal manner"; and WHEREAS, said contract has been completed and all surplus materials disposed of:

NOW, THEREFORE, in consi9.eration of the final payment by the City of San Diego to said Contractor under the tenns of said contract, the undersigned Contractor, does hereby affirm that all surplus materials as described in said contract have been disposed of at the following location(s)

and that they have been disposed of according to all applicable laws and regulations.

Dated this _____ DAY OF------.,--- _____ _

---------------Contractor by

ATTEST:

State of __________ _ County of __________ _

On this DAY OF 2 __ , before :the undersigned, a Notary Public in and for said County and State, duly commissioned and sworn, personally appeared

·--- known to me to be the Contractor_ named in the foregoing Release, and whose name is subscribed thereto, and acknowledged to me that said Contractor executed the said Release.

Notary Public in and for said County and State . ··-

Exhibit D- Affidavit of Disposal 24/ Page· Crown Point Drive Storm Drain Emergency Replacement Project

EXHIBITE

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID UNDER 23 UNITED STATES CODE 112 AND PUBLIC CONTRACT CODE 7106

·-· ····· .. --· Exhibit E- Non-Collusion Affidavit 251 Page · Crown Point Drive Stann Drain Emergency Replacement Project

EXHIBIT E

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED \VITH BID UNDER 23 UNITED STATES CODE 112 AND PUBLIC

CONTRACT CODE 7106

State of California )

County of :J/r.J} f)!~ (jl ~ ss.

i2.. i c ~ ·Do '-"-'s ':3 J HO. DOI)J.{iAqj , being first duly sworn, deposes and

says that he or she is ;::rtS,~ OnO"fl / Pr..t(. {ja/bba of the party making the foregoing

bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,

company, association, organization, or corporation; that the bid is genuine and not collusive or sham;

that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or

sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder

or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not

in any manner, directly or indirectly, sought by agreement, communication, or conference with

anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost

element of the bid price, or of that of any other bidder, or to secure any advantage against the public

body awarding the contract of anyone interested in the proposed contract; that all statements

contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his

or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data

relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company

association, organization, bid depository, or to any member or agent thereof to effectuate a collusive

or sham bid.

Signed:~~J ~·~ Title: ?residV"l+ Dn·rm I Po.J. r?;olboA

+-r-l~1. __ day of AP(( tiL. ,20_}_~

(SEAL)

Exhibit E- Non-Collusion Affidavit 261 Page C!'own Point Drive Stann Drain Emergency Replacement Project

EXHIBITF

CONTRACTORS CERTIFICATION OF PENDING ACTIONS

Exhibit F- Contractors Certification of Pending Actions 271 Page Crown Point Drive Storm Drain Emergency Replacement Project

EXHIBIT F

CONTRACTORS CERTIFICATION OF PENDING ACTIONS

As part of its bid or proposal (Non-Price Proposal in the case of Design-Build contracts), the Bidder shall provide to the City a list of all instances within the past 10 years where a complaint was filed or pending against the Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, supcontractors, vendors or suppliers, and a description of the status or resolution ofthat complaint, including any remedial action taken.

BOX ONLY.

The undersigned certifies that within the past 10 years the Bidder has NOT been the subject of a complaint or pending action in a legal administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers.

D The undersigned ce1tifies that within the past 10 years the Bidder has been the subject of a complaint or pending action in a legal administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken and the applicable dates is as follows:

USE ADDITIONAL FORMS AS NECESSARY

-- .. Exhibit F- Contractors Certification of Pending Actions 281 Page Crown Point Drive Stann Drain Emergency Replacement Project

EXHIBIT G

EQUAL BENEFITS ORDINANCE CERTIFICATION OF COMPLIANCE

Exhibit G- Equal Benefits Ordinance Ce1iification of Compliance Crown Point Drive Storm Drain Emergency Replacement Project

-······· .... 291 Page

EQUAL BENEFITS ORDINANCE CERTIFICATION OF COMPLIANCE

EXHIBIT G

For additional information, contact:

CITY OF SAN DIEGO

EQUAL BENEFITS PROGRAM 202 C Street, MS 9A, San Diego, CA 92101 Phone (619) 533-3948 Fax (619) 533-3220

The Equal Benefits Ordinance [EBO] requires the City to enter into contracts only with contractors who certify they will provide and maintain equal benefits as defined in SDMC §22.4302 for the duration of the contract. To comply:

II Contractor shall offer equal benefits to employees with spouses and employees with domesti.c partners.

• Benefits include health, dental, vision insmance; pension/401(k) plans; bereavement, family, parental leave; discow1ts, child care; travel/relocation expenses; employee assistance programs; credit union membership; or any other benefit.

• Any benefit not offer an employee with a spouse, is not' required to be offered to an employee with a domestic partner.

II Contractor shall post notice of fmn's equal benefits policy in the workplace and noti:fy employees at time of hire and dming open emollment periods.

II Contractor shall allow City access to records, when requested, to confirm compliance with EBO requirements.

II Conh·actor shall submit EBO Certification of Compliance, signed under penalty ofperjmy, prior to award of contract.

NOTE: This summary is provided for convenience. Full text of the EBO and Rules Implementing the EBO are available at www.sandiego.gov/administration.

~~~~~~~~~~~~~~~~~~~~~~

Please indicate yom frrrn's compliance status with the EBO. The City may request supporting documentation. ,....., ...

~I affirm ~pliance with the EBO because my firm (contractor must select one reason):

· ~rovides equal benefits to spouses and domestic partners.

D Provides no benefits to spouses or domestic partners.

D Has no employees.

D Has collective bargaining agreement(s) in place prior to January 1, 2011, that has not been renewed or expired.

0 I request the City's approval to pay affected employees a cash equivalent in lieu of equal benefits and veri:fy my firm made a reasonable effort but is not able to provide equal benefits upon contract award. I agree to noti:fy employees of the availability of a cash equivalent for benefits available to spouses but not domestic partners and to continue to make every reasonHble effort to extend all avaiJable benefits to domestic partners.

It is unlawful for any contractor to knowingly submit any false information to the City regarding equal benefits or cash equivalent associated with the execution, award, amendment, or administration of any contract. [San Diego Municipal Code §22.4307(a)]

Under penalty of perjury under laws of the State of California, I certi:fy the above information is true and correct. I further certi:fy that my firm understands the requirements of the Equal Benefits Ordinance and will · and mairrtain equal benefits for the dmation of the contract or pay a cash equivalent if authorized by the Pre .---;,....<:--......, --·--~~~~--~~~~------~------

·--······ -··· ...................... ········- ........ .

ExJ1ibit G- Equal Benefits Ordinance Ceriification of Compliance Crown Point Drive Storm Drain Emergency Replacement Project

(RevQ2/1.:5/201'1) 30 I Page

EXHIBITH

FORMS

, . .;

·:-., ._.-,,

Exhibit H- Forms 311 Page Crown Point Drive Storm Drain Emergency Replacement Project

LIST OF SUBCONTRACTORS

In accordance with the requirements provided in the "Subletting and Subcontracting Fair Practices Act", Division 2, Part 1, Chapter 4 of the Public Contract Code, the Bidder shall list below the name and address of each Subcoc1tractor who will perform work, labor, render services or specially fabricates and installs a portion [type] of the work or impro>(~ment, in an amount in excess of0.5% of the Contractor's total Bid. The Bidder shall also list below the portion of the work which will be done by each subcontractor under this Contract The Contractor shall list only one Subcontractor for each portion of the Work. The DOLLAR VALUE of the total Bid to be performed shall be stated for all.ifu~contractors listed. Failure to comply vvith tbis requirement shall result ip. the Bid being rejected as non-responsive and ineligible for award. The Bidder's attention

direst~d to the Special Provisions - General; Paragraph 2-3 Subcontracts, which stipulates the percent of the Work to be performed with the Bidders' own forces. The .uJ.dderl1Shalllist all SLBE, ELBE, DBE, DVBE, MBE, WBE, OBE, SDB, WoSB, HUBZone, and SDVOSB Subcontractors that Bidders are seeking recognition towards achievtrl~ any mandatory, voluntary, or both subcontracting participation percentages.

cr't:n

gg. >-r:i

oo~l' so(l)t:d ?); g. '2 :>

P> >-'•[/).

~~@t:d ~s;s...., 0 (/) (1) ~ ;:::t. ,..._... ;::i < ....... ....... (1) 0 .......

(1) 0 C-.(~ .'0 z 2.(1)80 <-<1:1<>-1 J-1. ~ ....... f-1 ~ 8 p... 0 Ncr'(l)t:r:J 0(1) J-1.>-i .,J::;.. (/)

CD As appropriate, Bidder shall identifY Subcontractor as one of the following and shall include a valid proof of certification (except for OBE, SLBE and ELBE):

Certified Minority Business Enterprise MBE Certified Woman Business Enterprise WBE ::- Certified Disadvantaged Business Enterprise DBE Certified Disabled Veteran Business Enterprise DVBE

Other Busmess Enterprise OBE Certified Emerging Local Business Enterprise ELBE · '''\:'<';:: Certified Small Local Business Enterprise SLBE Small Disadvantaged ·Business SDB 'it';' Woman-Owned Small Business WoSB HUBZone Business HUBZone "' ;~\i.i Service-Disabled Veteran Owned Small Business SDVOSB

1'-c. ~ ·''<~As appropriate, Bidder shall indicate if Subcontractor is certified by: ....... ·;,:~ . ,:~:1' City of San Diego . CITY

·:'' .6 California Public Utilities Commission CPUC . -· ~1· State of California's Department of General Services CADoGS

State of California CA

State of California Department of Transportation San Diego Regional Minority Supplier Diversity Council City of Los Angeles U.S. Small Business Administration

CAL TRANS SRMSDC

LA SBA

The Bidder will not receive any subcontracting participation percentages if the Bidder fails to snbmit the required proof of certification.

Form Title: LIST OF SUBCONTRACTORS (Rev. August 2012) Form Number: AA35 Exhibit H- Forms 32J Page Crown Point Drive Stann Drain Emenzencv Renlacement Proiect

.,

NAMED EQUIPMENT/MATERIAL SUPPLIER LIST

The Bidder seeking the recognition of equipment, materials, or supplies obtained :fi·om Suppliers towards achieving any mandatory, voluntary, or both subcontracting participation percentages shall list the Supplier(s) on the Named Equipment/Material Supplier List. The Named Equipment/Material Supplier List, at a minimum, shall have the narp.e, locations (City) and the DOLLAR VALUE of the Suppliers. The Bidder will be credited up to 60% of the amount to be paid to the Suppliers for such materials and supplies u.I+Iess vendor manufactures or substantially alters materials and supplies in which case 100% will be credited. The Bidder is to indicate (Yes/No) whether listed finn is a suppEer or manufacturer. In calculating the subcontractor participation percentages, vendors/suppliers will receive 60% credit of the listed DOLLAR VALUE, whei'eJiS manufacturers will receive 100% credit. If no indication provided, listed fllill will be credited at 60% of the listed dollar value for purposes of calculating the Subcontractor Participation Percentage, Suppliers will receive 60% credit of the listed DOLLAR VALUE, whereas manufacturers will receive I 00% credit If no indication provided, listed firm w~ll be credited at 60% of!]le listed DOLLAR VALUE for purposes of calculating the subcontractor participation percentages.

State:. ___ _ ------~P~h~on=e~:~-----------

State: ____ _ ~=-------~P~oo~n~e~:_-____________ __

CD As appropriate, Bidder shall identifY Vendor/Supplier as one of the following and shall include a valid proof of certification (except for OBE, SLBE and ELBE):

Certified Minority Business Enterprise MBE Certified Woman Business Enterprise WBE Certified Disadvantaged Business Enterprise DBE Certified Disabled Veteran Business Enterprise DVBE

·d Other Business Enterprise OBE Certified Emerging Local Business Enterprise ELBE · ( ~'-' Certified Small Local Business Enterprise ' SLBE Small Disadvantaged Business SDB ' ;~ · Woman-Owned Small Business WoSB HUBZone Business HUBZone

· 1 r · Service-Disabled Veteran Owned Small Bt:siness SDVOSB

~ ,_. As appropriate, Bidder shall indicate ifVendor/Supplier is certified by:

.• :.J~ .l.i_

··er;; ~

City of San Diego California Public Utilities Commission State of California's Department of General Services State of California

CITY CPUC CADoGS CA

State of California Department of Transportation San Diego Regional Minority Supplier Diversity Council City of Los Angeles U.S. Small Business Administration

CAL TRANS SRMSDC

LA SBA

. . \ ~: The Bidder will not receive any subcontracting participation percentages if the Bidder fails to submit the required proof of certification .

Fonn Title: NAMED EQUIPMENT/MATERIAL SUPPLIER LIST (Rev. August 20 12) Form Nt.ullber: AA40 Exhib~tJ:I - Forms Crow.~J>oint Drive Stonn Drain Emer2:encv RenlHcement Proiect

33/ Page

-~.!-:;

EXHIBIT I

SUPPLEMENTARY SPECIAL PROVISIONS (SSP)

i' . ; ~

Exhibit I- Supplementary Special Provisions (SSP) 34/ Page Crown Point Drive Storm Drain Emergency Replacement Project

The follo\ving Supplementary Special Provisions (SSP) modifies the following documents:

1) Standard Specifications for Public Works Construction (The GREENBOOK) currently in effect.

2) The City of San Diego Standard Specifications for Public Works Construction (The WHITEBOOK).

1-2

2-3.2

SECTION 1- TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS

TERMS AND DEFINITIONS.

Normal Working Hours. To the City Supplement, ADD the following:

The Normal Working Hours are 7:30AM to 5:00PM.

SECTION 2 - SCOPE AND CONTROL OF WORK

Self Performance. DELETE in its entirety and SUBSTITUTE with the following:

I. You must perform, with your own organization, Contract work amounting to at least 50% of the base bid alone or base bid and any additive or deductive alternate(s) that together when added or deducted form the basis of award.

2. The self perfonnance percentage requirement will be waived for contracts when a "B" License is required or allowed.

2-5.3.1 General. To the City Supplement, ADD the following

7. For products for which an AML is available, products listed in the AML shall be used. A submittal review will be conducted for products not identified on an AML on a case-by-case basis when:

a) The product type or category is not in the AML.

b) The AML does not list at least two available manufacturers of the product.

c) The material or manufacturer listed in the AML is no longer available. Documentation to substantiate the product is no longer available or in production is required as part of the submittal.

Exl1ibit I- Supplementary Special Provisions (SSP) •.. -f .......

351 Page Crown Point Drive Stonn Drain Emergency Replacement Project

7-3

7-3.1

In the case of conducting a submittal review when required by the Plans or Special Provisions, or when requested by the Engineer, all submittals shall be accompanied by the City's submittal form.

The Product Submittal Fonn is available for download at:

http://www. sand iego. gov /pub I icv-mrks/edocref/index. shtml

SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR

LIABILITY INSURANCE. DELETE in its entirety and SUBSTITUTE with the following:

The insurance provisions herein must not be construed to limit your indemnity obligations contained in the Contract.

Policies and Procedures.

1. You must procure the insurance described below, at its sole cost and expense, to provide coverage against claims for loss including i1i.juries to persons or damage to property, which may arise out of or in connection with the performance of the Work by you, your agents, representatives, officers, employees or Subcontractors.

2. Insurance coverage for property damage resulting from your operations is on a replacement cost valuation. The market value will not be accepted.

3. You must maintain this insurance for the duration of this contract and at all times thereafter when you are correcting, removing, or replacing Work in accordance with this contract. Your liabilities under the Contract, e.g., your indemnity obligations, is not deemed limited to the insurance coverage required by this contract.

4. Payment for insurance is included in the various items of Work as bid by you, and except as specifically agreed to by the City in writing, you are not entitled to any additional payment. Do not begin any work under this contract until you have provided and the City has approved all required insurance.

5. Policies of insurance must provide that the City is entitled to 3 0 days (1 0 days for cancellation due to non-payment of premium) prior written notice of cancellation or non-renewal of the policy. Maintenance of specified insurance coverage is a material elenient of the Contract. Your failure to maintain or renew coverage or to provide evidence of renewal during the term of the Contract may be treated by the City as a material breach of the Contract.

Exhibit I- Supplementary Special Provisions (SSP) 361 Page Crown Point Drive Storm Drain Emergency Replacement Project

7-3.2

7-3.2.1

7-3.2.2

7-3.3

7-3.3.1

Types of Insurance.

Commercial General Liability Insurance.

1. Commercial General Liability Insurance must be written on the current version of the ISO Occurrence form CG 00 01 07 98 or an equivalent form providing coverage at least as broad.

2. The policy must cover liability arising from premises and operations, XCU (explosions, underground, and collapse), independent contractors, products/completed operations, personal injury and advertising injury, bodily injury, properiy damage, and liability assumed under an insured's contract (including the tort liabil}ty of another assumed in a business contract).

3. There must be no endorsement or modification limiting the scope of coverage for either "insured vs. insured" claims or contractual liability. You must maintain the same or equivalent insurance for at least 1 0 years following completion ofthe Work.

4. All costs of defense must be outside the policy limits. Policy coverage must be in liability limits of not less than the following:

General Annual Aggregate Limit

Other than Products/Completed Operations Products/Completed Operations Aggregate Limit Personal Injury Limit Each Occurrence

Commercial Automobile Liability Insurance.

Limits of Liability

$2,000,000 $2,000,000 $1,000,000 $1,000,000

1. You must provide a policy or policies of Commercial Automobile Liability Insurance written on the current version of the ISO form CA 00 01 12 90 or later version or equivalent form providing coverage at least as broad in the amount of $1,000,000 combined single limit per accident, covering bodily injury and property damage for owned, non-owned, and hired automobiles ("Any Auto").

2. All costs of defense must be outside the limits of the policy ..

Rating Requirements. Except for the State Compensation Insurance Fund, all insurance required by this contract as described herein ·must be carried only by responsible insurance companies with a rating of, or equivalent to, at least "A-, VI" by A.M. Best Company, that are authorized by the California Insurance Com.missioner to do business in the State, and that have been approved by the City.

Non-Admitted Carriers. The City will accept insurance provided by non-admitted, "surplus lines" carriers only ifthe carrier is authorized to do business in the State and is included on the List of Approved Surplus Lines Insurers (LASLI list).

Exhibit I- Supplementary Special Provisions (SSP) 371 Page Crown Point Drive Stonn Drain Emergency Replacement Project

7-3.4

7-3.5.1

7-3.5.1.1

7-3.5.1.2

7-3.5.1.3

All policies of insurance carried by non-admitted carriers must be subject to all of the requirements for policies of insurance provided by admitted carriers described herein.

Evidence of Insurance. Furnish to the City documents e.g., certificates of insurance and endorsements evidencing the insurance required herein, and furnish renewal documentation prior to expiration of this insurance. Each required document must be signed by the insurer or a person authorized by the insurer to bind coverage on its behalf. We reserve the right to require complete, certified copies of all insurance policies required herein. 7-3.5 Policy Endorsements.

Commercial General Liability Insurance

Additional Insured.

a) You must provide at your expense policy endorsement written on the current version of the ISO Occurrence form CG 20 10 11 85 or an equivalent form providing coverage at least as broad.

b) To the fullest extent allowed by law e.g., California Insurance Code §11580.04, the policy must be endorsed to include the City and its respective elected officials, officers, employees, agents, and representatives as additional insured.

c) The additional insured coverage for projects for which the Engineer's Estimate is $1,000,000 or more must include liability arising out of: (a) Ongoing operations performed by you or on your behalf, (b) your products, (c) your work, e.g., your completed operations performed by you or on your behalf, or (d) premises owned, leased, controlled; or used by you.

d) The additional insured coverage for projects for which the Engineer's Estimate is less than $1,000,000 must include liability arising out of: (a) Ongoing operations performed by you or on your behalf, (b) your products, or (c) premises owned, leased, controlled, or used by you.

Primary and Non-Contributory Coverage. The policy must be endorsed to provide that the coverage with respect to operations, including the completed operations, if appropriate, of the Named Insured is primary to any insurance or self­insurance of the City and its elected officials, officers, employees, agents and representatives. Further, it must provide that any insurance maintained by the City and its elected officials, officers, employees, agents and representatives must be in excess of your insurance and must not contribute to it.

Project General Aggregate Limit.

The policy or policies must be endorsed to provide a Designated Construction Project General Aggregate Limit that will apply only to the Work. Only claims payments which arise from the Work must reduce the Designated Construction Project General Aggregate Limit. The Designated Construction Project General Aggregate Limit must be in addition to the aggi'egate limit provided for the products-completed operations hazard.

Exhibit I- Supplementmy Special Provisions (SSP) 381 Page Crown Point Drive Storm Drain Emergency Replacement Project

7-3.5.2

7-3.5.2.1

7-3.6

7-3.7

7-3.8

7-3.9

7-3.10

Commercial Automobile Liability Insurance.

Additional Insured. Unless the policy or policies of Commercial Auto Liability Insurance are written on an ISO form CA 00 01 12 90 or a later version of this form or equivalent form providing coverage at least as broad, the policy must be endorsed to include the City and its respective elected officials, officers, employees, agents, and representatives as additional insured, with respect to liability arising out of automobiles owned, leased, hired or borrowed by you or on your behalf. This endorsement is limited to the obligations permitted by California Insurance Code §11580.04.

Deductibles and Self-Insured Retentions. You must pay for all deductibles and self-insured retentions. You must disclose deductibles and self-insured retentions to the City at the time the evidence of insurance is provided.

Reservation of Rights. The City reserves the right, from time to time, to review your insurance coverage, limits, deductibles and self-insured retentions to detennine if they are acceptable to the City. The City will reimburse you, without overhead, profit, or any other markup, for the cost of additional prernium for any coverage requested by the Engineer but not required by this contract.

Notice of Changes to Insurance. You must notify the City 30 days prior to any material change to the policies of insurance provided under this contract.

Excess Insurance. Policies providing excess coverage must follow the form of the primary policy or policies e.g., all endorsements.

Architects and Engineers Professional Insurance (Errors and Omissions Insurance).

1. For contracts with required engineering services (e.g., Design-Build, preparation of engineere<t Traffic Control Plans (TCP), etc. by the Contractor) for all of your employees or Subcontractors who provide professional engineering services under this· contract, you must keep or must require its Subcontractor keep in full force and effect, Professional Liability coverage with a limit of $1,000,000 per claim and $2,000,000 annual aggregate.

2. You must ensure both that: (a) the policy retroactive date is on or before the date of commencement of the Project; and (b) the policy will be maintained in force for a period of 3 years after completion of the Project or termination of this contract whichever occurs last. You agree that for the time period specified above, there will be no changes or endorsements to the policy that affect the specified coverage.

3. If professional engineering services are to be provided solely by the Subcontractor, you must (a) certify this to the City in writing and (b) agree in writing to require the Subcontractor to procure Professional Liability coverage in accordance with the requirements set forth above .

. . . . ...... '. ····· ··- -·· .... -·- ... ·- ---''"' .. -- . .... . ... , ~- ......... ' ............. ~--- - . Exhibit I- Supplementary Special Provisions (SSP) 391 Page Crown Point Drive Storm Drain Emergency Replacement Project

7-4

7-4.1

7-4.1.1

7-8.6

7-10.5.3

7-15

WORKERS' COMPENSATION INSURANCE. DELETE in its entirety and SUBSTITUTE with the following:

Workers' Compensation Insurance and Employers Liability Insurance.

1. In accordance with the provisions of §3700 of the California Labor Code, you must provide at your expense Workers' Compensation Insurance and Employers Liability Insurance to protect you against all claims under applicable state workers compensation laws. The City, its elected officials, and employees will not be responsible for any claims in law or equity occasioned by your failure to comply with the requirements of this section.

2. Limits for this insurance must be not less than the following:

Workers' Compensation

Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

Statutory Employers Liability

$1,000,000 each accident $1,000,000 each employee $1,000,000 policy limit

3. By signing and returning the Contract you certify that you are aware of the provisions of §3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code and you must comply with such provisions before commencing the Work as required by § 1861 of the California Labor Code.

Waiver of Subrogation. The policy or policies must be endorsed to provide that the insurer will waive all rights of subrogation against the City, and its respective elected officials, officers, employees, agents, and r~epresentatives for losses paid under the terms of the policy or policies and which arise from work performed by the Named Insured for the City.

Water Pollution Control. ADD the following:

1. Based on a preliminary assessment by the City, the Contract is subject to WPCP.

Steel Plate Covers. Table 7-10.5.3(A), REVISE the plate thickness for 5'-3" trench width to read 1 %".

INDEMNIFICATION AND HOLD HARMLESS AGREEMENt. To the City Supplement, fourth paragraph, last sentence, DELETE in its entirety and SUBSTITUTE with the following:

Your dutY to indemnify and hold harmless does not include any claims or liability arising from the established active or sole negligence, or willful misconduct of the City, its officers, or employees.

--Exhibit I- Supplementary Special Provisions (SSP) 40 I Page Crown Point Drive Storm Drain Emergency Replacement Project

8-2

9-3.2.5

ADD:

SECTION 8- FACILITIES FOR AGENCY PERSONNEL

FIELD OFFICE FACILITIES. To the City Supplement, DELETE in its entirety.

SECTION 9 - MEASUREMENT AND PAYMENT

Withholding of Payment. To the City Supplement, item i), DELETE in its entirety and SUBSTITUTE with the following:

i) Your failure to comply with 7-2.3, "PAYROLL RECORDS" and 2-16, "CONTRACTOR REGISTRATION AND ELECTRONIC REPORTING SYSTEM."

9-3.7 Compensation Adjustments for Price Index Fluctuations. This Contract is subject to the provisions of The WHITEBOOK for Compensation Adjustments for Price Index Fluctuations for the paving asphalt.

SECTION 306- UNDERGROUND CONDUIT CONSTRUCTION

306-1 OPEN TRENCH OPERATIONS. To the City Supplement, CORRECT certain section numbering as follows:

306-1.6

OLD NEW SECTION TITLE SECTION NUMBER NUMBER

306-1.8 House Connection Sewer (Laterals) and

306-1.9 Clean outs

306-1.7.1 Payment 306-1.9.1

306-1.7.2 Sewer Lateral with Private Replumbing 306-1.9.2

306-1.7.2.1 Location 306-1.9.2.1

306-1.7.2.2 Permits 306-1.9.2.2

306-1.7.2.3 Submittals 306-1.9.2.3"

306-1.7.2.4 Trenchless Construction 306-1.9.2.4

306-1.7.2.5 Payment 306-1.9.2.5

306-1.7.3.6 Private Pump Installation 306-1.9.2.6

306-1.7.3.7 Payment 306-1.9.2.7

Basis of Payment for Open Trench Installations. ADD the following:

Payment for imp01ied backfill when the Contractor elects to import material from a source outside the project limits and when authorized by the Engineer shall be included in the Bid unit price for Imported Backfill. The price shall include the removal and disposal ofunsuitable materials.

. ...... ' . -~ .. --Exhibit I- Supplementary Special Provisions (SSP) 411 Page Crown Point Drive Stann Drain Emergency Replacement Project

306-1.8.3

705-2.6.1

705-2.6.3.

705-2.6.3 '

ADD: 707-1.1

Polyurethane Lining. To the City Supplement, item 5, DELETE in its entirety

SECTION 705- WATER DISCHARGES

General. Paragraph · (3), CORRECT reference to Section 803 to read "Section 703."

Community Health and Safety Plan. To the City Supplement, DELETE in its entirety and SUBSTITUTE with the following:

Community Health and Safety Plan. See 703-2, "Community Health and Safety Plan."

SECTION 707- RESOURCE DISCOVERIES

Environmental Document. The City of San Diego Environmental Analysis Section (EAS) ofthe Development Services Department is preparing a Notice of Exemption for Crown Point Drive Storm Drain Emergency Replacement Project.

A copy of the Notice of Exemption will be provided to the Contractor prior to the Notice to Proceed.

END OF SUPPLEMENTARY SPECIAL PROVISIONS (SSP)

........ •' ······· ·- .. .... - .... ··-- -· .... -·-· .. - .... --~--- .. -· .... . .. Exhibit I- Supplementary Special Provisions (SSP) 421 Page Crown Point Drive Storm Drain Emergency Replacement Project

EXHIBIT J

PROPOSAL

- ··--~-·

Exhibit J- Proposal 431 Page Crown Point Drive Storm Drain Emergency Replacement Project

EXHIBIT J

PROPOSAL

To the City of San Diego:

Pursuant to "Notice Inviting Bids", specifications, and requirements on file with the City Clerk, and subject to all provisions of the Charter and Ordinances of the City of San Diego and applicable laws and regulations of the United States and the State of California, the undersigned hereby proposes to furnish to the City of San Diego, complete at the prices stated herein, the items or services hereinafter mentioned. The undersigned fmiher warrants that this bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired; cormived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that· all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

The undersigned bidder(s) further warrants that bidder(s) has thoroughly examined and understands the entire Contract Documents (plans and specifications) and the Bidding Documents. therefore, and that ·by submitting said Bidding Documents as its bid proposal, bidder(s) acknowledges and is bound by the entire Contract Documents, including any addenda issued thereto, as such Contract Documents incorporated by reference in the Bidding Documents.

IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:

(1) Name under which business is conducted. _______________ . __ _

(2) Signature (Given and surname) of proprietor-------------

(3) Place ofBusiness (Street & Number)--------------------

( 4) City and State---------------------Zip Code_· __ _

(5) Telephone No.-----·------- Facsimile No.---------

IF A PARTNERSHIP, SIGN HERE:

(1) Name under which business is conducted _______ -:------------

-·~ ... .. . ...... ''" ······~---- ... . .. ·- .... ·-·· -· --·-···· ........ . ....... ··-. - -····-·· ... . ... - .......... .

Exhibit J- Proposal 441 Page Crown Point Drive Storm Drain Emergency Replacement Project

(2) Nal'ne of each member of pa1tnership, indicate character of each partner, general or special (limited):

(3) Signature (Note: Signature must be made by a general partner)

Full Name and Character of partner

(4) Place ofBusiness (Street & Number)------------------

(5) City and State-----------------Zip Code _____ _

(6) Telephone No.---------.,---- Facsimile No. ________ _

IF A CORPORATION, SIGN HERE:

(1) Name under which business is conducted Orion [);nf'-fr'1 tf,o(\ Corp/ i?Jaihott UJn§frudir.;rl Inc· J l/.

(Signature)

~ _Do'-"'S.-J Ifa.. 'tows;rg

(Impress Corporate Seal Here)

(3) Incorporated under the laws of the State of_---=C=---A---------------'--­

(4) Place ofBusiness (Street & Number) _A_1_g_c:;5::___~ __ __:N _ __::'K?.e(c... {x-. (5) City and State __ \lr.:.....!..::LS:::::.....:..\z-_, _____ c_~____:_ ____ Zip Code 1~ I ( 6) Telephone No. __ 7J~'b_,.o~S~'1_7l-...-!.9'-.!/&.=0<!___ Facsimile No. 7.Go S 9 7 9 J4 L

............. ····-·· . ........ ... ... - ........................ ---·--····-··- .... ·····-

Exhibit J- Proposal 451 Page Crown Point Drive Storm Drain Emergency Replacement Project

THE FOLLOWING SECTIONS MUST BE FILLED IN BY ALL PROPOSERS:

In accordance with the "NOTICE INVITING BIDS", the bidder holds a California State Contractor's license for the following classification(s) to perform the work described in these specifications:

LICENsE cLAssiFicATION Cia~~ A ~ --------~~--~----------------------------

LICENSE NO. 7 86/?;J:;J. EXPIRES __ 11....:...../_9_:_0/._~_0 1_4 ___ , __ _

This 'license classification must also be shown on the front of the bid envelope. Failure to show license classification on the bid envelope may cause return of the bid unopened.

TAX IDENTIFICATION NUMBER (TIN):

E-Mail Address: richan:l@ OriOn ConCfrue:lion. OJm

THIS PROPOSAL MUST BE NOTARIZED BELO'W:

I certify, under penaity of perjury, that the representations made herein regarding my State Contractor's license number, classification and expiration date are true and correct.

Signature n;?~ t~tle P4-_s. Orion/Pr.t£.0Jbott

SUBSCRIBED AND SWORN TO BEFORE ME, THIS ---=-/--=--7 __ DAY OF /1fJZ,/kj,P-., cP/f'

-'w4-41---"---'~~-"!:.--' State of ~ ~ /t)J/(4/

Exhibit J- Proposal 461 Page Crown Point Drive Stonn Drain Emergency Replacement Project

EXHIBITK

CONTRACTOR'S COMPENSATION RATE SCHEDULE

Exhibit K- Contractor's Compensation Rate Schedule 471 Page Crown Point Drive Stann Drain Emergency Replacement Project

EXHIBIT K

CONTRACTOR'S COMPENSATION RATE SCHEDULE

The following Compensation Rate Schedule shall constitute the maximum rates (e.g., labor, direct costs, etc.) for Extra Work, if any, provided by the Contractor during the term of this agreement.

These rates are being specified as the Contractor's standard established rates for calculating labor costs without allowance for overhead and profits. For markup provisions and allowable charges refer to 3-2.4, "Agreed Prices."

... -- --~- ··--.- ............. ----·· ··-·····--· --·· ... ---·- .... ---- .. ·-- ... ·----·- ---- ·-------· ___ ., ........ -- ". ·-· .... . Exhibit K- Contractor's Compensation Rate Schedule 481 Page Crown Point Drive Stonn Drain Emergency Replacement Project

CITY OF SAN DIEGO EMERGENCY PROJECT CROWN PT. STORM DRAIN REP AIR COMPENSATION RATE SCHEDULE

ORION CONSTRUCTION ·Title/Classification Standard Rate Overtime Rate Double-time Rate

($)/hour ($)/hour ($)/Hour

Superintendent 125 187 250

Foreman 95 142 190

Operator Group 8 93 139 186

Group 1 Oiler/Grade Checker 86 129 172

Truck Driver 67 100 134

Laborer/Pipelayer 69 103 138

Carpenter 79 118 158

Mechanic 91 136 182

Project Manager 150 N/A N/A

Project Staff Engineer 110 N!A N/A

Engineering Project Director 220 NIA N!A

Engineer (PB) QAJQC 190 NIA N/A

PM!Design 190 NIA N/A

Sr. CADD Tech 125 NIA N/A

CADDTech 100 NIA N/A

Admin/O:ffice 85 NIA N/A

Environmental Engineer 175 NIA · N/A

2185 La Mirada Drive, Vista, CA 92081, (760} 597-9660 Phone (760) 597-9661 Fax

Crown Point Drive Storm Drain Emergency Replacement Project Exhibit K- Contractor's Compensation Rate Schedule

491 Page

..... II:; Harris &:'AssO'ciates RANGE OF HOURLY RATES:

Applicable to Project: "CROWN POINT DRIVE EMERGENCY STORM DRAIN REPAIRn

for ORION CONSTRUCTION CORPORATION owner CITY OF SAN DIEGO

Effective January 1 - December 31, 2014

ENGINEERING SERVICES

Project Director Project Manager Project Engineers Sr. CADD I EIT Technical Support Administration

SUBCONSULTANTS*

ROW ENGINEERING (SURVEY SERVICES) Field Crew · Office Licensed Land Surveyor

NINYO & MOORE (GEOTECHNICAL SERVICES) See attached

HOURLY RATE

$220 190 165 125 100 85

HOURLY RATE

$200 100 135

Notes: Rates ore subject to adjustment due to promotions during the effective period of this schedule. A new rate schedule will become effective January 1, 2015 and on the 1st of January every year thereafter. Unless otherwise indicated in the cost proposal, hourly rat(3s include most direct costs such as travel, equipment, computers, communications and reproduction (except large quantities such as construction documents for bidding purposes).

*Inspectors working in the State of California are subject to the Prevailing Wage Rates established for that area.

"'All subconsultant charges are subject to a 10% markup.

Crown Point Drive Storm Drain Emergency Replacement Project Exhibit K- Contractor's Compensation Rate Schedule

50 I Page

SCHEDULE OF FEES

HOURLY CHARGES FOR PERSONNEL Principal Engineer/Geologist/Environmental Scientist ........................................................................................... $ 154 Senior Engineer/Geologist/Environmental Scientist.. ............................................................................................. $ 148 Senior Project Engineer/Geologist/Environmental Scientist .................................................................................. $ 145 Project Engineer/Geologist/Environmental Scientist .............................................................................................. $ 142 Senior Staff Engineer/Geologist/Environmental Scientist ...................................................................................... $ 128 Staff Engineer/Geologist/Environmental Scientist.. ................................................................................................ $ 120 GIS Analyst .............. : .............................................................................................................................................. $ 120 Field Operations Manager ...................................................................................................................................... $ 105 Supervisory Technician* ............................................................................................ : ............................................ $ 105 Nondestructive Examination Technician*, UT, MT, LP .......................................................................................... $ 105 Senior Field/Laboratory Technician* ...................................................................................................................... $ 98 Field/Laboratory Technician* .................................................................................................................................. $ 98 ACI Concrete Technician* ...................................................................................................................................... $ 98 Concrete/Asphalt Batch Plant Inspector* ................................................................................................................ $ 98 Special inspector (Concrete, Masonry, Steel, Welding, and Fireproofing)* .......................................................... $ 98 Technical illustrator/CAD Operator .................... , .................................................................................................... , $ 78 Geotechnical/Environmental/Laboratory Assistant ................................................................................................ $ 66 Information Specialist. ..... , ....................................................................................................................................... $ 66 Data Processing, Technical Editing, or Reproduction ............................................................................................ $ 58

OTHER CHARGES Concrete Coring Equipment (Includes one technician) ............................................................................... $ 160 /hr PID/FID Usage ............. : ..................................... : .......................................................................................... $ 120 /day Anchor load test equipment (includes technician) ....................................................................................... $ 89 /hr Hand Auger Equipment ................................................................................................................................. $ 55 /day Inclinometer Usage ...................................................................................................................................... $ 32 /hr Vapor Emission Kits ...................................................................................................................................... $ 30 /kit Level D Personal Protective Equipment (per person per day) .................................................................... $ 25 /p/d Rebar Locator (Pachometer) ............................. ,. .......................................................................................... $ 22 /hr Nuc.lear Density Gauge Usage ....................... : ............................................................................................. $ 12 /hr Field Vehicle Usage .............................................................................. , ................................... ~ ................... $ 10 /hr Direct Project Expenses ...................................................................... :.'............................................... Cost plus 15%

Laboratory testing, geophysical equipment, and other special equipment provided upon request.

NOTES (Field Services) For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work perfonmed outside normal con­struction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day orcin Sundays and holidays. Lead time for ariy requested service Is 24 hours. Field Technician rates are baBed on a 4-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 flours and an 8-hour minimum for hours. exceeding 4 hours. Field personnel are charged portal to portal.

*Indicates rates that are based on Prevailing Wage Determination made by the State of California, Director of Industrial Relations on a semiannual basis. Our rates will be adjusted In conjunction with the increase In the Prevailing Wage De­termination during the life of the project.

INVOICES Invoices will be submitted monthly and are due upon r9ceipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days.

TERMS AND CONDITIONS The terms and conditions of providing our consulting services include our limitation of liability and indemnities as pre­sented in Nlnyo & Moore's Work Authorization and Agreement.

PRJ Erovalllng Wage

Crown Point Drive Storm Drain Emergency Replacement Project Exhibit K- Contractor's Compensation Rate Schedule

SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test

Sorls Atterberg Umlts, D 4318, CT 204 .............................................. $ Callfomla Bearing RaUo (CBR), D 1883 .................................... $ Chloride and Sulfate Content, CT 417 & CT 422 ...................... $ Consolidation, D 2435, CT 219 .................................................. $ Consolidation-' Time Rate, D 2435, CT 219 ............................ $ Direct Shear- Remolded, D 3080 ............................................. $ Direct Shear- Undlsturloed, D 3080 .......................................... $ Dunablllty Index, CT 229 ............................................................. $ Expansion Index, D 4829, UBC 18-2 ........................................ $ Expansion Potential (Method A), D 4546 .................................. $ Expansive Pressure (Method C), D 4546 .................................. $ Geofabric Tensile and Elongation Test D 4632 ....................... $ Hydraulic Conductivity, D 5084 .................................................. $ Hydrometer Analysis, D 422, CT 203 ........................................ $ Moisture, Ash, & Organic Matter of Peat!Organlc Soils ............ $ Moisture Only, D 2216, CT 226 ................................................. $ Moisture and Density, D 2937 ................................................... $ Permeability, CH, D 2434, CT 220 ............................................ $ pH and Resistivity, CT643 ........................................................ $ Proctor Density D 1557, D 698, CT 216, & ............................... $ MSHTO T-180 (Rock corrections add $80)

R-value, D 2844, CT 301 ........................................................... $ Sand Equivalent, D 2419, CT 217 ............................................. $ Sieve Analysis, D 422, CT 202 .................................................. $ Sieve Analysis, 200 Wash, D 1140, CT 202 ............................. $ Specific Gravity, D 854 ............................................................... $ Thermal Resistivity (ASTM 5334, IEEE 442) ........................... $ Triaxiai·Shear, C.D, D 4767, T 297 ............................................ $ Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt.$ Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt.$ Triaxial Shear, U.U., D 2850 ...................................................... $ Unconfined Compression, D 2166, T 208 ................................. $ Wax Density, D 1188 ................................................................. $

Rol!lfing Built-up Roofing, cut-out samples, D 2829 ................................ $ Roofing Materials Analysis, D2829 ........................................... $ Roofing llle Absorption, (set of 5), USC 15-5 ........................... $ Roofing llle Strength Test, (set of 5), UBC 15-5 ....................... $

Masonrv

145 440 135 275 70

290 250 150 165 145 145 165 300 190 110 30 39

230 140 180

250 90

110 90 90

800 390 330 190 140 100 90

165 500 190 190

Brick Absorption, 24-hour submersion, c 67 ............................. $ 45 Brick Absorption, 5-hour boiling, C 67 ....................................... $ 55 Brick Absorption, 7-day, C 67 .................................................... $ 60 Brick Compression Test, C 67 ................................................... $ 45 Brick Efflorescence, C 67 ........................................... " .............. $ 45 Brick Modulus of Rupture, C 67 ................................................. $ 40 Brick Moisture as received, C 67 ............................................... $ 35 Brick Saturation Coefficient, C 67 .............................................. $ 50

·Concrete Block Compression Tes~ 8x8x16, C 140 .................. $ 60 Concrete Block Conformance Package, C 90 .......................... $ 440 Concrete Block U.near Shrinkage, C 426 .................................. $ 120 Concrete Block Untt Weight and Absorption, C 140 ................. $ 55 Cores, Compression orShearBond, CA Code ........................ $ 55 Masonry Grout, 3x3x6 prism compression, UBC 21-18 ........... $ 30 Masonry Mortar, 2x4 cylinder compression, USC 21-16 .......... $ 30 Masonry Prism, half size, compression, USC 21-17 ................. $ 110

Concrete CeiiieriiAnalysls Chemical and Physical, C 109 ............................... $ 1,650 Compression Tests, 6X12 Cylinder, C 39 ........................................... $ 22 Concrete Mix Design Review, Job Spec ............................................ $ 140 Concrete Mix Design, perT!ial Batch, 6 cylinder, ACJ ....................... $ 750 Concrete Cores, Compression (excludes sampling), C 42 ................ $ 55 Drying Shrinkage, C 157 ..................................................................... $ 250 Flexural Test, C 78 .............................................................................. $ 50 Flexural Tes~ C 293 ............................................................................ $ 55 Flexure/ Test, CT 523 .......................................................................... $ 60 Gunlte/Shotcrete, Panels, 3 cut cores per panel and test, ACJ. ........ $ 250 Jobslte Testing Laboratory.................................................................. Quote Lightweight Concrete Fill, Compression, C 495 ................................. $ 40 Petrographic Analysis, C 856 .............................................................. $ 1,100 Splitting Tensile Strength, C 496 ........................................................ $ 80

Reinforcing and Structural Steel Fireproofing Density Test, UBC 7-6 .................................................... $ 55 Hardness Test, Rockwell, A-370 ........................................................ $ 50 High Strength Bolt, Nut & Washer Conformance, set, A-325 ............ $ 120 Mechanically Spiiced Reinforcing Tensile Test, ACI .......................... $ 95 Pre-Stress Strand (7 wire), A 416 ....................................................... $ 140 Chemical Analysis, A-36, A-615 ......................................................... $ 120 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 ................ $ 50 Structure/ Steel Tensile Test: Up to 200,000 /bs. (machining extre), A 370 ................................................................... $

Welded Reinforcing Tensile Test: Up to No. 11 bara, ACJ ................. $

Asphalt Concrete

70 55

Asphalt Mix Design, Ca/trans .............................................................. $ 2,200 Asphalt Mix Design Review, Job Spec ............................................... $ 150 ExtracVon, % Asphal~ Including Gradation, D 2172, CT 382 ............ $ 215 Film Sbipplng, CT 302 ........................................................................ $ 100 Hveem Stability and Unit Weight CTM or ASTM, CT 366 ................ $ . 195 Marshall Stability, Flow and Unit Weight, T-245 ................................. $ 215 Maximum Theoretical Unit Weight, D 2041 ........................................ $ 120 Swell, CT 305 ...................................................................................... $ 165 Unit Weight sample or core, D 2726, CT 308 .................................... $ 90

Aggregates Absorption, Coarse, C 127 .................................................................. $ 35 Absorption, Rne, C 128 ...................................................................... $ 35 Clay Lumps and Friable Particles, C 142 ........................................... $ 100 Cleanness Value, CT 227 ................................................................... $ 120 Crushed Particles, CT 205 .................................................................. $ 140 Durability, Coarse, CT 229 .................................................................. $ 130 Durability, Fine, CT 229 ...................................................................... $ 130 Los Angeles Abrasion, C131 orC535 .............................................. $ 180 Mortar making properues of fine aggregate, C 87 .............................. $ 275 Organic Impurities, C 40· ................................................... : ................. $ 55 Potential Reactivity of Aggregate (Chemical Method), C 289 ............ $ 390 Sand Equivalent, CT 217 .................................................................... $ 90 Sieve Analysis, Coarse Aggregate, C 136 ......................................... $ 105 Sieve Analysis, Fine Aggregate (Including wash), C 136 .................. $ 1 05 Sodium Sulfate Soundness (per size fraction), C !\? , ........................ $ 160 Specific Gravity, Coarse, C 127 .......................................................... $ · '75 Specific Gravity, Fine, C 128 .............................................................. $ 85

Special preparation of standard test specimens will be charged at the technician's hourly rate.

Ninyo & Moore Is accredited to perform the MSHTO equivalent of many ASTM test procedures.

P!U Prevailing Wngo

Crown Point Drive Storm Drain Emergency Replacement Project Exhibit K- Contractor's Compensation Rate Schedule

EXHIBIT L

PROJECT PHOTOS, LOCATION MAP AND AS-BUILT DRAWING

Exhibit L- Project Photos, Location Map and As-built Drawing Crown Point Drive Storm Drain Emergency Replacement Project

531 Page

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U d \ d S"d \. n ermme 1 ewa

Exhibit L- Project Photos, Location Map and As-built Drawing Crown Point Drive Storm Drain Emergency Replacement Project

-------------- ·----· -·-·- ..

54! Page

Exhibit M- Project Photos, Location Map and As-built Drawing Crown Point Drive Storm Drain Emergency Replacement Project

551 Page

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